Section 11 Referral Scope, Limitation Adjudication, and Non-Signatory Binding in Term Sheet Arbitrations
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Case: URBAN INFRASTRUCTURE TRUSTEES LIMITED v. BHAVIK BHIMJIYANI AND 4 ORS
Court: Bombay High Court
Date: 12-08-2026
Law: Arbitration and Conciliation Act, Indian Contract Act, Limitation Act.
Highlights of the Judgment:
- Examination of whether a preliminary term sheet constitutes a concluded contract containing an enforceable arbitration agreement.
- Analysis of the restricted scope of judicial scrutiny by a referral court under Section 11 of the Arbitration and Conciliation Act, 1996.
- Application of the principle that limitation of underlying claims must be left to the arbitral tribunal without intricate evidentiary inquiries.
- Evaluation of the joinder of non-signatory promoters to arbitration under the group of companies and veritable party doctrines.
- Review of the applicant fund trustee’s locus standi following the winding up of a specific investment scheme.